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Issues:
1. Valuation of imported second-hand printers based on internet pricing. 2. Acceptance of transaction value declared by the importer. 3. Confiscation of goods and imposition of fine and penalty. Analysis: Issue 1: Valuation of imported second-hand printers based on internet pricing The issue in this case revolves around the enhancement of value of imported second-hand printers based on internet pricing. The department rejected the Chartered Engineers certificate and relied on internet valuation to enhance the value, which was challenged by the appellant. The Commissioner's order remanded the case for fresh market inquiries, but the original authorities again adopted internet values, leading to an increase in the declared value. Issue 2: Acceptance of transaction value declared by the importer The appellant contended that valuation based on internet and email messages was not acceptable, citing previous judgments by the Tribunal and the Apex Court. They argued for acceptance of the transaction value, supported by proof of bank transfers and relying on various case laws that emphasized the acceptance of transaction value unless specific grounds under Customs Valuation Rules were present. Issue 3: Confiscation of goods and imposition of fine and penalty Regarding the confiscation of goods, the Commissioner upheld the confiscation based on the exclusion of personal computers as freely importable second-hand capital goods. However, the Counsel argued for the release of goods on payment of redemption fine and penalty at specific rates, citing precedents where similar fines and penalties were imposed in comparable cases. In conclusion, the Appellate Tribunal set aside the enhanced value based on internet pricing, accepting the declared transaction value. The confiscation was upheld, but goods were directed to be released upon payment of redemption fine and penalty at specified rates. The judgment emphasized the importance of accepting transaction value unless specific grounds for rejection were present, as per relevant legal precedents and Customs Valuation Rules.
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